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Data Protection Rights

Written by Tom Dyson on 13 November 2012

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The Rights of the Data Subject under the Data Protection Act 1998 

You, as a data subject, have a number of rights under the Data Protection Act 1998including but not limited to:

1. The right of subject access to find out whether any personal data is being processed, what that personal data comprises of, the purpose of processing that data and to whom the data is or may be disclosed to. A person must make this request in writing to the relevant organisation. 

2. The right to prevent or restrict processing likely to cause damage and/or distress. This request must be in writing, however if the subject has already consented to processing or has an either a contractual or legal requirement allowing the processing his request will be refused. 

3. The right to object to any decisions made, that significantly affect that individual, based solely upon the automated processing of his or her personal data. Some examples of the types of decisions that could be objected to are; work performance, creditworthiness, reliability and conduct. If the decision has already been made, the subject can require the controller to reconsider or take a fresh decision within 21 days. 

4. The right to compensation for any breach in the Data Protection Act 1998, which led to damages or distress. 

5. The right to rectification, block erasure and destruction of any inaccurate expressions of opinion that appear to be based upon inaccurate data. 

6. The right to ask the commissioner to assess whether the Data Protection Act 1998 has been contravened.

If you'd like to know more about this article please send an email to Martin O'Brien quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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